A MOTION to extend the enforcement of a sub-section of the Security Offences (Special Measures) Act (SOSMA) 2012 to continue the powers to detain suspects for up to 28 days without trial was defeated at the Parliament recently.
The motion was defeated by 86
MPs from the opposition bloc, while 85 MPs voted in favour. The 50 MPs who did
not vote included Pekan MP Datuk Seri Najib Razak, Bagan Datuk MP Datuk Seri
Ahmad Zahid Hamidi and Pagoh MP Tan Sri Muhyiddin Yassin.
They are all previous prime
ministers and a deputy prime minister, which is interesting. They played a key
role in the passage of this law at the Parliament. Their absence during the
vote has sparked a lot of speculation and scepticism about their intentions.
In essence, security laws are
crucial to maintaining the peace and security of any nation. These laws have a
purpose but the problem is always with those who are entrusted with enforcing
them, not with the laws themselves.
As a result, I’m perplexed as
to whether the MPs who voted against the motion, as well as those who were
absent, understand the severity or implications of this move for our country’s
security.
Furthermore, Opposition MPs
cited several reasons for voting against the motion, including the provisions
that prevent courts from acting as a check and balance, the lack of a
requirement to produce a suspect before a magistrate’s court for an extension
of a remand order under SOSMA… and the fact that SOSMA was allegedly used as a political
tool.
Interestingly, these MPs are
from the former Pakatan Harapan administration, which ruled Malaysia for 22
months.
So, why did they not take the
required steps to establish an oversight body that is accountable to Parliament
to ensure that these laws are adequately enforced and that any abuses are
reported to the aforementioned body for reprimand?
In any case, the loss of this
motion, in my opinion, will have an adverse influence on our country’s security
landscape, especially with the Taliban’s rise in Afghanistan, which has
bolstered spirit among terrorist groups globally including Malaysia.
As a result, law enforcement
agencies like the Royal Malaysian Police (PDRM) must be given the tools they
need, including appropriate laws. This will allow them to carry out their
responsibilities without fear of reprisal, ensuring the nation’s peace and
security.
Security
Offences (Special Measures) Act 2012 (SOSMA)
Under Article 149 of the
Federal Constitution, SOSMA was constituted to counter internal security
challenges like as public order, terrorism, sabotage and espionage.
The police have the ability to
arrest and detain a person for 24 hours and to prolong the detention duration
to 28 days, according to the legislation.
Moreover, persons arrested
under SOSMA are not eligible for bail and they will be held in custody until
all legal proceedings, including appeals, are completed.
Section 4 of SOSMA empowers
police officers to arrest and detain anyone who poses a threat to the nation’s
public order and security.
For example, subsection 4(5)
states that “Notwithstanding subsection (4), a police officer of or above the
rank of Superintendent of police may extend the period of detention for a
period of not more than twenty-eight days, for the purpose of investigation.”
This means that under this
provision, the police have the authority to arrest a person suspected of being
involved in terrorist activities for a period of up to 28 days for the purpose
of investigation.
“Subsection (5) shall be
reviewed every five years and shall cease to have effect unless, upon the
review, a resolution is passed by both Houses of Parliament to extend the
period of operation of the provision,” according to Subsection 4 (11).
Subsection 4 (5) is reviewed
every five years and ceases to have effect when both Houses of Parliament agree
not to extend it. On July 31, the existing extension will come to an end.
Anyone apprehended for alleged
threats to national security, acts of terrorism or trafficking in persons, for
example, will no longer be subject to the maximum detention of 28 days from
that day.
The arrests of suspects under
SOSMA, according to Inspector-General of Police Tan Sri Acryl Sani Abdullah,
are mainly for offences that are intricate in nature. As a result, he said, the
PDRM will hold and remand suspects who are under investigation using provisions
from current laws, such as the Criminal Procedure Code (CPC).
In addition, Home Minister
Datuk Seri Hamzah Zainudin concurred with the IGP, emphasising that obtaining
evidence from detainees during the collection of relevant evidence for
prosecution purposes, including tracking down accomplices who are still at
large, is difficult and time-consuming in cases involving security offences, particularly
terrorism and organised crime.
Even if Subsection 4(5) evoked
memories of the Internal Security Act of 1960, there is a check and balance in
place and both Houses of Parliament must concur.
Because the cases examined
under SOSMA are complicated, extra time is required for the police to finish
their investigation without interference.
In reality, dealing with
terrorists and organised crime is not as straightforward as we might believe
because it entails a variety of different ball games to obtain information in
preventing future attacks or operations.
Law
abuse?
Although there are concerns
that SOSMA will be used as a political tool, Hamzah claims that those who
oppose the extension are allowing terrorists and criminals to sway. He disputed
that SOSMA had been exploited for political motives.
He further pointed out that no
one can be imprisoned or detained solely because of their political beliefs or
actions, as stated in Subsection 4(3). He also stated that he would never use
the law against politicians. He emphasised that “We” should never do such a
thing. It is worth noting who he refers to as “We.”
In addition, Hamzah stated
that between 2016 and January of this year, 3,717 people were arrested under
SOSMA. There were 400 people charged with being involved with terrorist groups
and 1,030 people charged with being involved with organised crime. He further
stated that from 2017 and 2022, a total of 126 people were charged with
terrorism.
In contrast, Pakatan’s Akmal
Nasir maintains at the Parliament that just 648 of the 3,717 persons detained
under SOSMA have been charged. He said that about 80% of those arrested had yet
to be charged, and that some SOSMA detainees had been incarcerated without
charge due to the Government’s failure to prosecute them.
This MP’s reasoning is
somewhat plain, ignoring how terrorists and their networks have evolved and operated
since Sept 11 attacks.
Malaysia itself saw its own
terror attack in 2016. Following this attack, the Special Branch foiled
numerous attempts by local terrorist groups to carry out attacks. They were
able to do so because of their well-functioning intelligence apparatus, which
included SOSMA.
One of the important tool for
them is Subsection 4(5) which was not renewed recently.
Despite the fact that the IGP
has declared that the police will utilise other available legislation to combat
these threats, the Pandora’s Box has already been opened for terrorist groups
to expand their operations in Malaysia.
The legislators who voted
against this provision must be naive. For instance, the Prevention of Crime Act
1959 (POCA) was enacted to control and prevent organised crime in Malaysia by
focusing on criminals, members of secret societies, terrorists, and other
undesirables. It gives police the authority to arrest and detain a person for
up to 60 days without charge or trial.
Ensuing the 60-day detention,
the detainee’s case would be heard by the Prevention of Crime Board, which has
the authority to sentence the detainee to no more than two years in prison and
may extend the sentence if additional detention is necessary to protect public
order, public security or crime prevention.
The board can also issue a
restraining order or release a person. POCA was updated in 2015 to cover
terrorism. – March 27, 2022
Source: https://focusmalaysia.my/sosma-when-politics-triumph-over-national-security-concerns-part-1/
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